thanks to the panel. for all of you watching, i'm paul gigot. hope to see you here next week. fox alert. ukraine is getting worse. there is intense violence now erupting in eastern ukraine. so far, at least 42 people have been killed. renewed clashes between government supporters and pro moscow separatists. dozens more have been injured. it is the worst bloodshed we have seen in this crisis so far. hello everyone, i am eric shawn in for greg jarrett. >> i'm arthel neville. russian militants have released seven captives. the group of foreign observers were held in eastern ukraine for more than a week. leland vittert streaming live in

dop donetsk, ukraine, with the latest. hi, leland. >> reporter: hi, arthel. the independent international observers being released is the only bit of good news coming out of this crisis that is quickly spiralling out of control. this really began as an insurgency, and is now quickly heightening in terms of its severity and its breadth into a civil war here in ukraine. latest pictures out of one of the pro rebel strong holds, those russian separatists taking on the ukrainian army as it moved in its armored personnel carriers into the town. the ukrainian military is now about 36 hours into their offensive. they were able to take back a tv station and also an intelligence building that had been occupied by the separatists. however, the ukrainian military has not been able to make its way into the pro-russian stronghold of slavsions.

this is spreading to the key port city for the ukrainians on the black sea. yesterday there were 30-plus people killed when they were running street battles between the ro-russian separatists and the ukrainians, both the riot police and pro-ukrainian people who came out on the street. they set fire to a building there that housed the pro-russian headquarters. a number of people jumped out of the windows in that building to escape the fire. the ukrainians blame russian intelligence agencies for being behind the violence. moscow, meantime, is calling its latest ukraine offensive, quote, a crime. the kremlin says it's been getting, quote, thousands of calls from ethnic russians and also from russian separatists and speakers here in ukraine, asking for help, whether that help comes in the form of those 40,000 troops that are currently on the border, arthel, we just have to wait and see. back to you. >> wait and see. leland vittert, thank you very much for that report. eric? >> arthel, back here in our

country, president obama declaring a major disaster area in alabama. after some severe storms and tornadoes hit that state. the white house says federal funding will now be available to the affected people in four counties in alabama. assistance can include grants for temporary housing and home repairs, and low-cost loans to cover uninsured property losses. senator mark pryor says the president plans to visit arc ack on wednesday to survey the damage from a tornado that hit that state. 15 people were killed. it will be the president's first trip to arkansas recently in terms of this disaster. >> horrible pictures to watch. meanwhile, condoleezza rice decides not to deliver the commence the address at rutgers university in new jersey. this is coming after some students and faculty held protests over a rule in the iraq war. the school originally planned to pay the former secretary $35,000

for her commencement speech. in a statement, rice says her involvement had become, quote, a distraction for the university community. the u.s. department of veterans' affairs, there appears to be a growing and very troubling scandal brewing there. three executives in phoenix are on administration leave, and we are showing mr. donald sterling who has nothing to do with this story. we apologize for that. those three executives are accused of creating a fake waiting list to try and hide long delays in treatment. that is the allegation, all while dozens of veterans died while waiting for help, about 40, it has claimed. one suspended denied there was a fake list. elizabeth prann has the latest from washington. >> reporter: three officials, including the head of the facility at the phoenix veterans' affairs center, are at least temporarily out of a job, as investigators work to see if

at least 40 former servicemen died waiting for care. the department of veterans' affairs releasing a statement, acknowledging system director sharon helmand, associate director lance robinson, and a third employee have been placed on leave. accusations are, at least 1,600 vick veterans waited months to see a physician. dr. sam foot, the first whistle blower to come forward about the alleged secret paper list, said the hospital is understaffed and underfunded. his testimony is similar to that of dr. kathryn mitchell. mitchell describes an environment of intimidation against anyone wholed challenged hospital leadership. she has provided a list with records showing the hospital was using a sec writ list to hide the long wait times. >> across the country, there is physician after physician that i'm aware of, who have tried to speak up for safety patient care issues, and have either gotten retaliated against by having the

precisions dropped. >> some lawmakers have threatened a congressional subpoena for the records if the v.a. does not comply. phoenix facility officials say they take these issues and accusations very seriously and invite the independent v.a. office of inspector general to investigate. in washington, elizabeth prann, fox news. meanwhile, the woman who recorded racist comments by the owner of the los angeles clippers now speaking out. in an interview with abc's "20-20," vi stiffian osays the comments released to the public were not the first by donald sterling in conversations with her. >> i think mr. sterling is from a different generation than i am. i think he was brought up to believe those things. >> what things? >> segregation, whites and blacks. minorities. from black jews to white jews. >> do you think that donald sterling should apologize? >> absolutely.

>> did you discuss this with him? >> yes. >> will he apologize? >> only god knows. >> okay. this comes as clippers' players are threatening to walk out over the racist comments. we're going to have a live report from l.a. at the top of the hour. health officials in this country are confirming the first case of a potentially deadly virus that has come from the middle east. coming up, we'll tell you about the danger of mers, and what you can do to protect yourself. plus, house republicans voting next week on a resolution on the irs targeting scandal, calling on the justice department to name a special council. we're going to weigh in on that one. >> on the advice of my council, i respectfully exercise my fifth amendment right and decline to answer that question. >> i can see no point in going further. i have no expectation that ms. lerner will cooperate with this committee. and therefore, we stand adjourned.

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time for a quick check of the headlines now. the first u.s. case of the sometimes deadly mers virus reported in indiana. federal health officials say the patient recently traveled to the u.s. from saudi arabia. a california jury awarding apple $119 million, saying samsung copied iphone patents. but the jury also deciding that apple infringed on one of samsung's patents. it awarded the south korean company $158,000. and a maryland gun shop owner is backing away from plans

to sell a smart gun. this after backlash from gun rights advocates who say the high-tech weapon will curtail their second amendment right. the smart gun can only function with a wristwatch that goes with it. arthel, the house is set to vote for next week on a resolution calling for the justice department to name a special council to investigate the irs targeting scandal. this follows an explosive week on the scandal up on capitol hill. house majority leader, eric cantor, called for a former irs director, lois lerner, the assistant director, to face a contempt of congress vote for her refusing to testify. >> the house is also scheduled to consider a privileged resolution, finding lois g. lerner, former director, exempt organizations, internal revenue service, in contempt of congress for refusal to comply with the subpoena, issued by the committee on oversight and government reform.

>> so will a special council uncover wrongdoing or can eric holder's justice department be trusted to do the job? here is our political panel, leslie marshal, radio talk show host, and cal thomas, author of "what works, common sense solutions for a stronger america." leslie and cal, welcome. cal, let me start with you. is it a common sense solution to try to appoint a special counsel, and will it work? >> well, eric, it has about as much chance as a congressional resolution calling on vladimir putin to pull out of ukraine. i mean, this just isn't going to happen. i mean, congressman jim jeff efforts of ohio calls this a joke. i think he's absolutely right. look, president is going back to the 1930s have used the irs to punish their enemies. but is there a double standard on the response to it. when it's usually a democratic administration, there is less accountability. but when it's a republican administration, there is far more accountability. i'll give you richard nixon as

the primary result, one of his articles of impeachment, of course, was the misuse of the irs. eric holder does not want this to go any further than it is, because it could lead to the white house like the benghazi e-mail, and the administration is not going to allow that to happen if it can help it. >> leslie, do you think that the president -- this could lead to the president and eric holder doesn't want to get that far? >> no. i don't believe that at all. i know that cal and others want to believe that. you know, the reason that the gop is mad at issa, and i can't believe i'm actually going to defend issa for a moment here in california. this is frightening. but he doesn't have a smoking gun, because he can't find a smoking gun, because there is no smoking gun. the irs has done what congress asked them to do, and what they required them to do. when we look at the actual information that came out, the language to target, quite frankly, was more toward progressive groups, like a.c.o.r.n. and medical marijuana facilities. were tea party groups targeted

more than other conservative groups? absolutely. were they targeted more than other progressive groups? no. and actually, as of may, i think it was may 10th, 2011, both of that scrutinizing left or right, completely stopped. it is -- you are asking these political organizations left and right, are asking for nonprofit status. and i would agree with cal that this isn't going to go anywhere. and honestly, this is not what the american people want. we have an election in november. i don't know why republicans are doing this. >> well -- >> what have americans said? great job. >> i don't mean to interrupt. but you don't think american people want to find out wrong goings? lois lerner is clamming up like john gatti. >> the polls actually don't show that. the polls show that although they, and as well -- i hate the irs. i don't care who is president. i hate the irs. most americans do. but they hate congress more. and they hate republicans in congress more. so i think this is a waste of

time and taxpayer money, because i do agree with cal. this is not going to lead to anything. this isn't going to go anywhere. >> well, cal, if you say the doj is not going to do it, the other issue is, should there be a special council and what do you think a special counsel would particularly find that eric holder doesn't want uncovered? >> you don't know until you bring the people up before the committee that -- where you put them under oath, where you offer people plea bargains or immunity, if they testify. this is, of course, what happened during the watergate era. you start with the lower-level people. you offer them immunity, if they will rat on the higher-level people. and that's how you get the information. i totally agree with leslie. the irs is a corrupt organization. it's immoral most of the time. we ought to have a flack tax. i agree with steve forbes on this. we ought to get rid of it. it invites corruption, not only internal, but external. gives tax breaks to the wealthy

and influential. >> do you think they did something wrong? you heard leslie say that conservative groups, tea party groups hammered away at liberal groups. >> of course. the evidence was there. why are they going after a group that supports the administration? a.c.o.r.n. is famous for this. reestablished itself after going out of business, supposedly as a.c.o.r.n., something else. the progressive groups are favored by the liberal left so naturally they go after the conservative groups. they're going to deny the 501(c)(3) or c 4 designations during the campaign season because they knew they they would harm the president, possibly. >> leslie, last word. >> cal, the only thing is when i hear watergate in this conversation, apples and oranges. apples and oranges. we're talking about a felony. is there a felony here? i don't think so. eric holder wouldn't be able to stop arrest warrants with that, even. so i love you, but have watergate in the same sentence --

>> we don't know yet -- >> -- i can't buy that. >> cal says we can't know yet. and we'll see this week. leslie and cal, thanks so much. >> thanks. eric, new ammo surfaces for the republicans in their ongoing investigations of benghazi. coming up, a congressman on the oversight committee, joins us. >> did you also change a tax to demonstrations in the talking points? >> maybe. i don't really remember. >> you don't remember? >> dude, this was like two years ago. we are still talking about the most mundane process -- >> dude, this is what everybody is talking about. female announcer: sleep train's interest free for 3 event

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house republicans moving on two fronts to search for answers

on benghazi after the new release of e-mail. john boehner announcing a special committee to investigate and john kerry is expected to testify at a hearing later this month. i'm joined by james langford, a member of the committee and welcome to you sir. >> glad to be with you. >> so let's start here. is it the timing of the newly released e-mails or the content that prompted you to subpoena secretary kerry. >> it is both timing and continent. these are e-mails we asked for months and months ago and they say they weren't replaced to benghazi but not solely. so they are playing games with our subpoenas and documents. >> and what provided the biggest red flags for you, if you will.

>> we asked about susan rice getting the word out about what came out in benghazi and they said they had given us everything and now a document comes out that they want rice to say. say this was related to an internet video and none of those are true. they knew that night, in fact we had a general in front of the committee on thursday saying they were tracking it and away and all of the intelligence that that night they knew it was not a video. that night they weren't getting instructions from washington, d.c. there was no steady leadership out of d.c. and now 20 months later and no one has been held to justice. >> as you see it, what would you discover from mr. kerry's testimony that may not have been uncovered during the extensive and heated hearings with

secretary clinton. >> we are still not getting documents and we've asked for a subpoena and asked them to turn over things we've requested. when we will be get ought -- get all of the documents. secretary clinton now has a responsibility to make sure his state department is releasing all of the documents we requested. >> ands ayou know -- as you know, harry reid said this is an election year stunt and are there any mistakes the committee could make to give the impression the hearing is laced with political motive. >> here is what is interesting. it is obvious the president was trying to stall this coming out before 2012 and he knows this originated during an election

year stunt from the white house. we are only asking for facts. they are not democrat or republican facts, they are just facts. released how this came about so the american people can solve this and move on. this could have been resolved a year ago but because they are slowly releasing documents or with holding documents we are still fighting the battle. let's get this out and move on. the accountability review board did its work and we want to look at the documents and what trans pyred around -- transpired around it and get this resolved. >> and do you think you will be satisfied, if you will, whatever the out come and do you know if there is punishment that could be handed down as a result of the hearings, congressman. >> well there were four americans that were killed in service to the united states. the ambassador represents the president overseas and this is a very significant event. we need to make sure we are

putting security parameters in place so this doesn't happen again. if you look at tanzania in 1998, if we would have followed those instructions, benghazi wouldn't have happened in 2012. >> and thank you for your time. and join us later tonight for greg bear's investigation. benghazi, fox news reporting. sunday at 9:00 p.m. eastern time. and an american sitting in a mexican prison for what his mother said is simply a wrong term. [male announcer] ortho crime files. disturbing the pantry.

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hello. i'm arthel neville. glad to see you this afternoon. >> hello, arthel. good to be with you. i'm eric shawn in for gregg jarrett. the republicans deeping into the troubling answers amid benghazi. we'll analyze this and have a new report. and deadly clashes in ukraine going to a whole new level. dozens killed in the -- and the worst fighting we've seen so far. we're live with the late theft.

and don't -- donald sterlings ffd is speaking out and what she has to say about the controversial comments. the growing search for answers into benghazi heating up. john boehner announcing a special committee to investigate the terror attacks on our consulate and john kerry subpoenaed to testify in a few weeks. as newly released e-mails are raising questions about the white house's response to the deadly assault that killed four americans. doug mckelway is live in washington. >> good afternoon. one of the things arm earth iin from the conversation with vitor is he made comments that the

white house only made a handful of technical changes. >> did you also change a tax to demonstrations in the talking points. >> maybe. i don't really remember. >> you don't remember? >> dude, this was like two years ago. >> dude, it is the thing we are talking about. >> we are talking about the process of editing talking points. your producers edit scripts multiple times. >> and that and the smoking gun letter never provided to the committees through many months has raised the deep suspicions of republicans. >> this actually shows a predicated line of thinking that was politically protecting the president and the state department instead of coming up with facts about what was happening with benghazi. and remember, tucker, the president is involved in this. two weeks later he's talking about this video at the united nations. so this is a smoking gun that is

locked and loaded. >> but harry reid blasted the decision for a select benghazi committee as an election year stunt. for the republicans to waste the american people's time and money staging partisan politics instead of focusing on the middle class is a bad decision. >> i am confident that what the republicans allege is there was some attempt by this administration to cover up or suspend what happened is 100% false. >> a fox news policies americans believe differently. from 61% to 26%, many believe many are trying to cover up what happened rearm than being open and transparent.

>> and don't miss eric bear's special isn't at 10:00 p.m. eastern and tomorrow, sunday, at 9:00 p.m. here on the fox news channel. >> arthel, the death toll rising to 2100 people after a landslide in the remote part of afghanistan. they are focusing on helping the thousands of people displaced by this disaster. they are now calling off the search for victims after thousands of villagers were suddenly buried under hundreds of feet of mud. two consecutive landslides have pounded the area following a week of heavy rain. a u.s. afghanistan veteran is sitting in a prison in tijuana after his mom said he got lost. he is a decorated u.s. mean and sitting in a mexican prison for what his mother said is making a

wrong turn. it led him to the wrong side of the law. his mom said and rue was going to the v.a. for help but he got lost and went into mexico carrying three guns. she is fearing for his life. >> he called me and he was in a holding cell with many men. i heard chaos in the background and he said mom i'm not going to make it through the night. whatever you do, don't come and ask any questions. you are not safe either. the next day he called me and he said i escaped and got into the better part of the jail. and he said, mom, they were going to kill me. there were hit men and they told me they were going to rape, torture and execute me and i was going out in a body bag. >> the u.s. consulate has been visiting the man and he is scheduled for a hearing at the end of may. arthel, a tragic story to

tell you about. police in alaska has arrested a 19-year-old man accused of murdering two troopers. they both were shot and killed this week while investigating a report of a person flashing a gun in a remote village. a second suspect police say has also been taken into custody. the two troopers have recently appeared on the national geographic show reality troopers. our thoughts and prayers go out to their families. investigators are trying to figure out why a subway train jumped a track in new york city it. was carrying about a thousand people through borough queens. eight cars derailed and hundreds got a good scare. >> i was in shock. i was thinking about dying. >> it was scary.

the train just stopped. it felt like we went over something and then we saw smoke. everyone was screaming everywhere. and then it was -- >> eight cars derailed. so rescuers guided passengers out of the train and up ladders to the streets. 30 feet above. the wreck happened on what is called a critical rail brake corridor slated for replacement. >> there is more coming out of los angeles. the women who reported -- recorded the racist comments by the owner of the clippers is speaking out. she said she does not believe donald sterling is a racist but he does need to apologize. we are live in the los angeles bureau with the latest on this. >> quite a weak for v. stiviano. this is here on monday trying to hide her face with a bizarre

plastic visor. take a look at. >> that she was troying to avoid the media. and then by friday, she was very open about all that was going on. she had an interview with barbara walters on abc news 20/20, with despite what sterling said, she still defended him as not being a racist. >> i think mr. sterling is from a different generation than i am. i think he was brought up to believe those things. >> what things? >> segregation, whites and blacks, minorities, from black jews to light jews. >> do you think that donald sterling should apologize? >> absolutely. >> will he apologize? >> only god knows. >> she was also asked if sterling had said other derogatory things about other races and she said he had.

she was then asked doesn't that sound racist to you and stiviano came out with a reply that -- i think what he says is not what he feels. and she did say there was hours of more recordings and it wasn't the first time that they had a conversation like that. well no apology from sterling yet. dejour magazine have spoken to him and he was distressed about the way things came out but the only thing they could get to quote him was i wish i had paid her off. >> and the problems with gm is piling up. they are running out of gas and try not to look at a gas gage. if you drive a good morning sport utility, you might want to check your level. we have new news about a recall and what is not in your tank.

>> here is hillary. she's not officially running for the white house just yet but mrs. clinton is getting endorsements it is not just caroline kennedy. and the new allegations that the white house says it is not so about a cover-up about benghazi. lying to the nation over the terrorist attack there. >> i can't disclose that evidence yet, but i have evidence there was a systematic, intentional decision to withhold certain documents from congress. and we're just sick of it. when you sat down to dinner with anticipation, not hesitation.

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to the headlines. first lady michelle obama in texas to kick off her aim higher initiative. urging high school students to commit to college. another gm recall. the company recalling more than 50,000 buick enclaves, chevrolet traverse and arcadia suv because the fuel gauges could show inaccurate reading and could lose it to run out of gas and stall. and former congressman jim overstar dying -- has died at

the age of 79. pardon me. the veteran democrat served 18 terms in congress. >> republicans in the house continue to dig for answers and accuse the white house over the benghazi terrorist attacks. the white house is denying any wrongdoing. but now house speaker john boehner has announced forming a special committee to investigate this scandal. after the revelation of the new bombshell e-mails from the white house. john kerry will be called to testify in three weeks from now as the scandal only grows. we're joined by jenny winestein chief editor of the daily caller. and the e-mails and the testimony show that the highest levels of this government knew it was a taste attack from the get-go and the president goes out and tells the world it was that dopey video as they are

white house cover up to protect the white house election or did the administration do the best they can? >> it is honestly hard to know at this point and it is amaze throng is no definitive answer on this, almost a year and a half after the attacks. initially people on the ground and the cia own talking point said there was a clear al qaeda connection but those were edited to erase all mention of al qaeda and not mention them at all. and the deputy -- or the then cia director mike morial said it was his decision to scrap those and the white house said all of the information came from the cia. but then we have the e-mail coming out this week not released in the initial release of documents last year that says that -- that the talks about the video, telling susan rice to mention the video as a major impetuous for the protests and she would be talking about

benghazi. that is the largest issue about the protest going on. and mike burrell said, the cia, we never mentioned the video in regards to benghazi. so that was purely coming from the white house. so now we have a lot of confusion here which leads john boehner, who didn't really want to have a special select committee on benghazi, now discussing the potential of bringing this to a vote in the house to create a select investigation on benghazi. because frankly a year and a half later we are still very confused on what went on and whether this is a political cover up. >> some are not confused. the generals at the pentagon knows it is a terrorist attack and he tells leon pineda and martin dempsey and they go to the white house and pineda said he told the president it is a terrorist attack. he said no question, it was a terrorist attack. and we have jones the secretary of state the next morning saying

it issancear al-sharia and they are out there saying video video. what will happen during the hearings when kerry wasn't the secretary of state and hillary clinton was. could she put under subpoena. >> i think so. and i think kerry will answer as why why these e-mails are just coming out now. and the idea the president was politicizing in a election year, beyond the pail and can't imagine it. but we know it's happened before. we know from bob gates' own memoir politicized national security issues when running for office. soo there are serious questions here. whether they politicize this in an election year and why i think the select committee is now coming to the forefront. we know what went on and what

was known and was there white house direction in saving the talking point and knowing that al qaeda was spreading around the world when president obama was saying that al qaeda had been decimated in an election year. so there is serious questions whether this was politicized and i think that is why john boehner is looking toward a select committee on this. >> and what does it mean if they politicize this one. you talk about gates' autobiography and what does it mean if the government and the white house politicizes the deaths of four americans to try to sweep it under the rug for the real reason, that they all have in e-mails and testimony, to re-elect the president of the united states. >> i think it would be damning for this administration. they try to portray themselves on foreign policies, this is so important we won't politicize it but if they did try to sweep it

under the rug as you said to keep the message alive that al qaeda was decimated when in reality it was spreading to all corners of the earth from the arabian peninsula to pakistan and if it shows the administration politicized this, it would be a damning legacy for the obama administration and hurt the democrats politically, and hillary clinton going into 2016. >> talk about hillary clinton, the possibility she could be subpoenaed. what about the president of the united states. he was not in the situation room that night. he was at the white house. so what if the president of the united states went up to have dinner and was consulted by staff, could this reach the president? >> i don't know. i guess anything is possible. depending on what comes out in the hearings. one thing i can say -- the democrats are saying the republicans are trying to politicize it, just like the democratic party, but the fact

of the matter is hillary clinton should want these hearings. she's going into 2016 and if there was no smoke, no fire, if you will, then she should be hoping the hearings happen to prove there is no scandal here so if she does run that she'll have all of this behind her. so i think the democrats should hope that the hearings take place in the select committee to prove nothing was going on at all. >> and if the hearings don't show that. >> well that would be a damning indictment of not only of the obama administration, but of hillary clinton and i think that would very much hurt her candidacy. >> and those kickoff on may 21st. thank you very much. and speaking of hillary clinton, she's not officially a presidential candidate but she has a high profile supporter. tim kaine now endorsing hillary clinton and telling the women's

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a nonprofit group is helping people with disabilities lead more independent lives. it is called home free home. and the recruits volunteer architects and students to

design and complete renovations to homes. and that is one of the few charities in the u.s. doing that much-needed and crucial work. brian is live with this inspiring story. how is it going? >> how is it going? 90% of homes in the u.s. are deemed not handicapped accessible. for millions living at home can feel like a trap but one nonprofit is changing that. >> he is happy and he wants to do things like a 5 1/2-year-old boy. he wants to run in puddles, even if that means driving through puddles. he was born with spinal muscular at rovy, and ray has defined the odds. >> as he grew, we got him a power wheelchair and he was hard to lift and carry up and downstairs. >> but two years ago the family was introduced to a group called

home free home. a group of architects and university students allowing those with disabilities to live freely and safely at home. >> the need is tremendous. people stay trapped in their home just because there are three steps in front of their house. >> but not ray. over the course of six months, a 600 square-feet extension was added on. a wheelchair accessible bathroom and ray's very own room. >> what room is this? >> my bedroom. >> what do you love about it? >> my bed. >> but perhaps a favorite is the therapy room where ray connects to his local kindergarten class and where he and his older brother ethan can just be boys. >> this just enhanced our life, for our entire family not just for ray. >> it would have cost the family $10,000 but thanks to home free

home the total cost was significantly less. eric. >> go, ray. that is fabulous. home free home. thank you. dozens of teenagers busted for some high school jinx that officials say went too far. the kids broke into their school in new jersey, flipping desks, greasing doorknobs and urinating in the halls. criminal activity or a senior prank? the question now from our legal panel. jean cohen, and david swartz, defense attorney and former prosecutor. good to see both of you. so mers aidies, let's start with you. so should there be limitations on the punishment in your opini

opinion? >> this is completely mob mentality. we're seniors and who cares we're never coming back. and then they go inside and urination. if you charge them with burglary and criminal mischief, they don't have criminal records and let them go through the process, it is likely the judge will give them a acd, which is a behavior self-and we'll wipe it clean. but to say it was just a prank. >> it is more than a prank but less than a crime. the school district is more than capable of handing out a punishment. they can withhold diplomas or they couldn't get into the college they wanted. >> so 62 students were arrested. do you feel the officers did not do the right thing by holding them down -- hauling them down to the precinct. >> there is a difference between

hauling them down and prosecution. the school should take care of it. >> if you let the kids take care of this, then where does it go. there has to be accountability. these kids are 17 and 18. they can already go into the army and the armed forces. you have to stop it. rehabilitation is key now and not when they are 35 and they are held accountable then. >> i agree with rehabilitation but not in the criminal justice format. there are enough bad criminals in the system. we have a bunch of students that committed a prank and they need to learn a lesson and the school could take care of it. >> and 38 of the students were juveniles so they were released to their parents. what should happen to them? you are saying the school should suspend them for a couple of days or don't let them march across the stage, i don't know.

do you think that the parents should be held at all responsible for any damage to property? there is no evidence that they broke anything, but someone did kind of -- relieve themselves in the hall. >> that is a great question. frankly they could do it civilly. they can't sue the parents. let the parents pool their money together and pay. probably $50,000, 60,0$60,000 a month will be against the parents. >> i agree. they should pay -- the parents. >> and we did some pranks in school but when is it amazing and fun. >> i heard the cops are doing some dna testing. >> isn't that over the top. >> but it is still criminal -- >> because the dna is in the hands of the police and now in the system.

that is a little bit over the top. >> it is a waste of criminal resources. it is a prank gone way overboard. punish the students. >> but don't go too far for that one? should we keep going with this one? because i have more in me if we want to go. let's go for another minute. so, seriously, they took the photos of kids doing this, the surveillance cameras there and that is how they got them. 2:00 or 3:00 in the morning when the cops showed up. do you feel at all -- now we're getting into the parental thing, do you think the parents learned the lesson? >> let them go through the process. they'll get arraigned and get the charges and the other kids under 18 can still be charged as an adult. they are not going to do jail time but let them go through the process. >> i'm so happy for the people of tea neck that can sleep now

because we have dna testing on all of these children and we have photographs. >> we don't have dna testing. potentially. i get your point. why you are being flippant about this. great to see you both. now over to medical news. >> dr. siegal is back in texas for a special event. he's there for president george w. bush's fourth annual warrior 4 k bike ride. we have more on the bike ride. >> we're here at the prairie chapel ranch in texas, president george w. bush's home. we've just concluded the warrior 100 k bike ride, the fourth annual ride where president bush honors the veterans for their sacrifice and resilience. after the ride i spoke to him about his feelings about the global war on terror and how the military has kept us safe.

>> it is important that people realize freedom is the way to peace. and by honoring the veterans, we're honoring people who understand that. and i hope freedom advances. >> president bush is committed to the concept of freedom and he sees it embodied in the warriors. active army and the veterans working together to get up and down the hills here at the ranch. i also spoke to him about his brother, jeb bush, and about his plans on running for president? >> well i would hope he would run. he's a wonderful man. but he's not telling me what his plans are. and he'll make up his mind on his own timetable. and i can't accelerate it. and our mother can't accelerate it. we'll see what he does. he knows first-hand what it is like to run for president in that he's seen his father and brother run.

if he chooses to run he has no stronger supporter than me. >> that was dr. mark siegal reporting. and coming up, a violent day in eastern ukraine leaving dozens dead as ukrainian groups try to reclaim territory from russia. we'll talk about what putin means to gain and what it all means for the u.s. marge: you know, there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious, and an excellent source of fiber to help support regularity. wife: mmmm husband: these are good! marge: the tasty side of fiber. from phillips.

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ee. violence in ukraine escalating to a dangerous new level as government troops ramp up a major offensive to take back one of the eastern cities. meanwhile fierce fighting between government and pro-russian forces. we are live in crab with the -- ukraine with the latest. leland. >> over the past couple of weeks you can criticize the pro-russian separatists and it is now spiraling close to a full-fledged civil war. these are the latest pictures from about 60 or 70 miles north of where i am. in a town that is a key pro-russian strong hold. a number moving in there today by the ukrainian military. we are 36 hours into their military defensive to take back a bunch of towns. in the town you are seeing now they were able to take over a

television station and one of the government buildings that the pro-russia militias had captured. the pro-russian separatists are well armed. this is spreading to the south and to the west. particularly to the town of odessa where more than 30 people were killed in clashes between the cranan riot police, pro-ukrainian people and a number of pro-russian separatists. in the end they burned down one of the pro-russian strong holds and people jumped out of the building to escape the fire. the cranan -- the ukrainian government blames moscow for that fire and saying russian intelligence was behind that. and in moscow, they are seen as the puppeteer. they claim they are getting hundreds and thousands of calls from russian speakers here in

ukraine asking for help. and they are studying that in how they will respond. our fear is that response will come in the form of 40,000 plus russian troops on the ukrainian border waiting the order to inva invade. back to you. >> it is interesting they are moving farther west as you reported. >> absolutely. and this is continuing to spread here. and the other part is that for every time the pro-russian militias are losing a town in terms of buildings falling, they are taking two or three more buildings in other towns as they are able to widen out this footprint. it doesn't appear the ukrainian military yet has the will or for ma matter the men and equipment needed to take each of the towns back. it is a game of whack a mole, they are just not able to keep up in the process. >> leland thank you very much

for a very expert and clear reporting on this story. thanks a lot, leland. for more on the conflict, let's go to former spokesperson for four united states ambassadors to the united nation and rick grennal joining us from san diego. good to see you. this is troubling because this seems to be growing and as arthel pointed out, spreading west. can putin be stopped? >> i don't know if putin can be stopped but we should be trying and supporting the ukrainian government. that point, eric, the cranans have showed great restraint. they've had two helicopters shot down recently, multiple deaths. you can't expect the government to just sit back and take this for very long. they've certainly tried and they are showing they do not want a civil war. but the russians, as leland was

saying, have 40,000 troops on the board ore and creating hostility and you can't expect them to sit back and take it for long. >> what will they do? they can't take on the russians, or can they? >> they can. what we can do is the united states government can launch the information war. we have the russians harassing reporters, taking them hostage, shutting down independent media. i'm not sure why the reporters in new york and washington, d.c. who love freedom of the press issues are allowing this to happen without screaming from the rooftops. the u.s. government should be launching an information war. we can win this war. we can go after the russian argument that the people of this region somehow want a government full of alaguard. we should push back on that message. and the other thing we should do is make sure the ukrainian

government has the military power to defend themselves and the europeans don't continue this talk-fest, but support the ukrainian government as well. >> you talk about a information war and arming the ukrainians, should the u.s. basically arm the ukrainan military more. we've sent mre's and helmets. remember what president nixon did in 1973, israel was in danger and very vulnerable and he sent stuff and he said, now, now, according to the nixon foundation over there to help israel and they you are vive e- survived and won. >> i'm of the mindset, it is beneficial to arm the good guys so this can end earlier rather than drag out. the russian primary, lavrov is

an expert at milking think. he's asking for more meetings, they are scheduling meetings from two weeks from now in geneva, meanwhile the guys in ukraine are roughing up all of the other players. when sargy lavrov called john kerry and asks for us to put pressure on the ukrainian government to pull them back, john kerry should say no, sergei, no we're going to arm the ukrainians and you'll get pushed back. [ overlapping speakers ] >> and what is stopping the secretary from doing that? what is stopping from the administration from doing that? do they think it will be more provocative and send the 40,000 troops over the border? >> i think they do. they have a philosophical belief that it is none of our business and the doctrine of the obama administration is go to war or ignore an international crisis.

if we just ignore them and put on some travel sanctions, then that will solve the problem. but president obama yesterday drew another red line by saying that the may 25th ukrainian elections must come off or there will be consequences. so the red line for the obama administration right now is make sure the ukrainan elections come off in three weeks and so we want to make sure that we're holding the u.s. government to that commitment to do everything possible that these elections come off in three weeks. >> well the death toll meanwhile is rising and it is not getting any better at all. it seems that the pro-russian separatists are gaining strength through other parts of the country. always good to see you. thank you very much in san diego. >> beautiful san diego. it is derby day. race fabs at -- fans as churchill downs as the jockeys get ready for the running of the

kentucky derby. coming up, the new way fans are getting an up close and personal look at the greatest two minutes in sports.

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served as prime launching pads. the story bases were part of a culture at 1960s, just as they were for american forces at the end of world war ii. withdrawals signified settled matters, or so we thought until the commander in chief gave the order for u.s. forces to return to clark in subic last year. a new build-up is under way as mr. obama moves towards asia. so he made a point of visiting the philippines on his asian

tour, proving once more that in the history of foreign policy, you can go home again. how far he would go to abide by mutual security treaties was left in doubt. in a news conference that turned into a speech, the president defended his foreign policy from increasing attacks on the press. you don't always hit home runs, he said. a rather undignified admission from a sitting president. meanwhile, russia staged its first may day parade in red square since soviet days. then came the puzzler. as this surfaced, a "wall street journal"/abc news poll reported that americans by half don't want the president to raise the u.s. profile in foreign policy.

we have always noted that two wars have wearied this tolerant country. but another factor may be at play. the realization that america may no longer call the tune, the festering hope that until we are rescued from obama's amateur advisers, the administration must do no more harm. we repeatedly stumble in gambling our prestige and influence as in syria where assad is reporting to be bombing his people with chlorine gas in the face of an agreement to give up all chemical weapons. in truth, one suspects a majority of americans would prefer a military response to benghazi rather than the ukraine or anywhere else. yes, we have all seen this before. the past isn't dead, it's not even passed.

and we're about 2 1/2 hours away from the start of the kentucky derby, the 140th run for the roses. 19 horses will start with california chrome, remember that name, as the morning favorite. this year, a new feature to bring derby fans a whole new perspective. a giant television screen. the $12 million monitor is 170 feet tall, bigger than three basketball courts. the fans in the infield can catch the action. >> how about that? in las vegas, aflac booted there? he says he was on a romantic getaway with his wife when he was caught counting hazard at the hard rock casino blackjack table. they say he's been banned for life from playing blackjack there. but hard rock said he's a valued guest. he was only told he was just too good at the game.

i guess he must have been at the high rollers' table, not the $5 table. >> no. i love me some jennifer garner. "a healthy you & carol alt" coming up right now. stay right here on fox news channel.

welcome to "a healthy you." i'm carol alt. what do sneezing, sniffly and itchy red eyes have in common? they're all common side effects of household allergies. everything from dust to pillowcases to stuffed animals may be holding your house hostage. today, we have an expert here to show us how to keep our homes allergy-free. plus, sex, it's a topic that causes some people to squirm in their seats. and talking about section after menopause, totally off the table. but not on this show. today virginia madsen is here to enlighten us on one of our country's most sensitive issues